§ 4.831 Sanctions.

(a) A party, upon reasonable notice to other parties and all persons affected thereby, may move for an order as follows: (1) If a deponent fails to answer a question propounded or submitted under § 4.827(c), or a corporation or other entity fails to make a designation under § 4.827(b)(3), or a party fails to answer an interrogatory submitted under § 4.829, or if a party, under § 4.830 fails to respond that inspection will be permitted or fails to permit inspection, the discovering party may move for an order compelling an answer, a designation, or inspection. (2) An evasive or incomplete answer is to be treated as a failure to answer. (b) If a party or an agent designated to testify fails to obey an order to permit discovery, the administrative law judge may make such orders as are just, including: (1) That the matters regarding which the order was made or any other designated facts shall be established in accordance with the claim of the party obtaining the order; (2) Refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting the administrative law judge from introducing designated matters in evidence. (c) If a party or an agent designated to testify fails after proper service (1) to appear for their deposition, (2) to serve answers or objections to interrogatories submitted under § 4.829 or (3) to serve a written response to a request for inspection, submitted under § 4.830, the administrative law judge on motion may make such orders as are just, including those authorized under paragraphs (b) (1) and (2) of this section.